Whether you want to use a Will or a trust to distribute your estate is something that can truly only be decided after consulting with an experienced estate planning attorney; however, there are some common considerations when deciding whether a Will or a trust should be used. If your estate is small enough to qualify for small estate administration, and you do not have minor children (nor plan to have any in the near future), a simple Will may be all you really need. If, however, your estate is … [Read more...] about Why do some people use a trust as the primary method of distribution for their estate assets?
It can be tempting to use the internet for everything, including legal forms. Using a Do-it-Yourself (DIY) trust agreement form to create your trust, however, is not a good idea. Without the advice of an experienced estate planning attorney during the drafting of your trust agreement, the likelihood of you ending up with an agreement full of errors and omissions increases considerably. Even a relatively minor mistake in a trust agreement can lead to the entire agreement failing. … [Read more...] about Can I create a trust without an attorney?
The document created by the Settlor during the creation of a trust is referred to as a trust agreement. Within the trust agreement are the terms, created by the Settlor, that dictate how the trust will operate. Trust administration refers to the Trustee’s job of overseeing the terms of the trust. As a general rule, the more complex and/or valuable the trust assets are, the more time consuming and complicated it is to administer the trust. … [Read more...] about What is involved in trust administration?
A trust can help achieve a wide range of estate planning goals given the flexible nature of a trust. Some of the more common uses for a trust include: Avoiding probateIncapacity planningAsset protectionMedicaid planningPlanning for parents with minor childrenSpecial needs planningPet planning … [Read more...] about Why might I include a trust in my estate plan?
The Settlor of a trust can appoint anyone to be the Trustee; however, given the importance of the position, care should be taken when deciding who to appoint. If possible, you should appoint a Trustee who has experience in the legal and/or financial field because a Trustee will need at least a fundamental understanding of both. Although it is often tempting to appoint someone close to you as your Trustee, that person may not actually have the experience and/or skills needed to successful; … [Read more...] about How do I decide who to appoint as my Trustee?
In general, the Trustee is responsible for managing and investing the trust assets as well as administering the trust according to the trust terms. Some of the specific duties and responsibilities of a Trustee include: Following all trust terms unless they are illegal or unconscionable.Communicating with beneficiaries.Investing trust assets using the “prudent investor” standard.Managing trust assets.Distributing trust assets.Keeping trust records.Preparing and filing trust taxes.Defending the … [Read more...] about What does the job of a Trustee entail?
Yes. Living trusts can be further divided into revocable and irrevocable living trusts. As the names imply, a revocable living trust can be revoked or terminated by the Settlor at any time and for any reason whereas an irrevocable living trust cannot be revoked or terminated by the Settlor after the trust becomes active. … [Read more...] about Are there different types of living trusts?
Trusts broadly divided into two categories – testamentary and living trusts. A testamentary trust is one that does not become active until the death of the Settlor and which is typically triggered by a provision in the Settlor’s Last Will and Testament. A living trust, also referred to as an “inter vivos” trust, activates when all formalities of creation are complete and the trust is funded. … [Read more...] about What is the difference between a testamentary and a living trust?
A trust is a relationship whereby property is held by one party for the benefit of another. A trust is created by a Settlor, also referred to as a Grantor or Maker, who transfers property to a Trustee. The Trustee holds that property for the beneficiaries designated by the Settlor in the trust agreement. In daily life, trust agreements are entered into all the time without the parties even realizing it. For example, imagine that you need to be out of the country for several months but you also … [Read more...] about What is a trust?
When your Will is submitted for probate, any interested party has the right to contest the validity of the Will. Contrary to what many people believe, a Will cannot be contested simply because the contestant is unhappy with the inheritance left to them (or lack thereof). To be successful, a contestant must prove one of a select few legal reasons why a Will can be declared invalid in Indiana. The Executor of the Will is responsible for defending the Will during the litigation. If the contestant … [Read more...] about What does it mean if someone contests my Will?